In re Greene’s Empirical Analysis

Citation profile

21 federal appellate · 18 district · 1 state decisions

Most-quoted passages

The sentences later courts lift from this opinion, ranked by how many decisions quote each — the parts of the opinion doing the work. These counts are smaller than the citation total above because most of the 83 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “‘‘Obviously the first part of tills section provides for the arrest of any offender against the United States wherever found and without reference to whether he has been indicted, but when he has been indicted in a district in another state than the i district of arrest, then, after the offender has been committed, it becomes the duty of the district judge, on inquiry, to issue a warrant of removal. And it has been repeatedly held that in such cases the judge exercises something more than a mere ministerial function, involving no judicial discretion. He must look into the indictment to ascertain whether an offense against the United States is charged, find whether there was probable cause,' and determine whether the court to which the accused is sought to be removed has jurisdiction of the same.””

   2 later decisions quote this exact passage · from the majority
   e.g. In re Hacker · Ex parte Lamar

2. ““Commerce among the states, within the exclusive regulating power of Congress, ‘consists of intercourse and traffic between their citizens, and includes the transportation of persons and property, as well as the purchase, sale, and exchange of commodities.’ County of Mobile v. Kimball, 102 U. S. 691 -702 [ 26 L. Ed. 238 ]; Gloucester Kerry Co. v. Pennsylvania, 114 U. S. 203 , 5 Sup. Ct. 826 [ 29 L. Ed. 158 ]. In the application of this comprehensive definition, it is settled by the decisions of the Supreme Court: That such commerce includes, not only the actual transportation of commodities and persons between the states, but also the instrumentalities and processes of such transportation. That it includes all the negotiations and contracts which have for their object, or involve as an element thereof, such transmission or pas-age from one state to another. That such commerce begins, and the regulating power of Congress attaches, when the commodity or thing traded in commences its transportation from the-state of its production or situs to some other state or foreign country, and terminates when the transportation is completed, and the property has become a part of the general mass of the property in the state of its destination. When the commerce begins is determined, not by the character of the commodity, nor by the intention of the owner to transfer it to another state for sale, nor by his preparation of it for transportation, but by its actual delivery to a common carrier”

   1 later decision quote this exact passage · from the majority
   e.g. United States v. Basic Products Co.

3. ““When this section of the act was under consideration in the senate, distinguished members of its judiciary committee and lawyers of great ability explained what they understood the term ‘monopoly’ to mean; one of them saying: ■ ‘It is the sole engrossing to a man’s self by means which prevent other men from engaging in fair competition with him.’ Another senator defined the term in the language of Webster’s Dictionary: ‘To engross or obtain, by any means, the exclusive right of, especially the right of trading, to any place or with any country, or district; as to monopolize the India or Levant trade.’ It will be noticed that, in all the foregoing definitions of ‘monopoly,’ there is embraced two leading elements, viz., an exclusive right or privilege, on the one side, and a restriction or restraint on the other, which will operate to prevent the exercise of a right or liberty open to the public before the monopoly was secured. This being, as we think, the general meaning of the term, as employed in the second section of the statute, an ‘attempt to monopolize’ any part of the trade or commerce among the states must be an attempt to secure or acquire an exclusive right in such trade or commerce by means which prevent or restrain others from engaging therein.””

   1 later decision quote this exact passage · from the majority
   e.g. 44 F. Supp. 97 - United States v. Aluminum Co. of America